Mr. Grijalva
introduced the following bill; which was referred to the
Committee on Homeland
Security, and in addition to the Committees on
Ways and Means,
Transportation and
Infrastructure, Small
Business, Oversight and
Government Reform, Foreign Affairs, and
Agriculture, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee
concerned

A BILL

To restore growth, spur job creation, build momentum
toward economic recovery for border communities and the United States, and for
other purposes.

1.

Short title

This Act may be cited as the
Border Infrastructure and Jobs Act of
2013.

2.

Findings

Congress finds the following:

(1)

The United States
and Mexico share a border of nearly 2,000 miles, a cultural heritage, and a
desire to grow both economies through cooperation and hard work.

(2)

Border commerce is
vital to the United States economy. Mexico is the United States third-largest
trading partner, behind only Canada and China. In 2010, trade between the
United States and Mexico reached $367,000,000,000, amounting to more than
$1,000,000,000 per day.

(3)

Mexico is the
second-largest export market for United States businesses and approximately 22
States depend on Mexico as their number one or two trading partner.

(4)

The growth of
international trade has outpaced United States land ports of entry’s workload
capacity, resulting in congestion and delays. This increased congestion hurts
businesses that rely on safe and efficient cross-border traffic.

3.

United
States-Mexico Economic Partnership Commission

(a)

Establishment of
commission

(1)

In
general

There is established an independent commission to be
known as the United States-Mexico Economic Partnership Commission (referred to
in this section as the Commission).

(2)

Purposes

The
purposes of the Commission are to—

(A)

study the overall
economic strategies, programs, and policies of Federal departments and agencies
along the United States-Mexico border, including the Department of Homeland
Security, the Department of Commerce, and other relevant departments and
agencies;

(B)

strengthen
relations and collaboration between communities along the United States-Mexico
border and the Department of Homeland Security, the Department of Commerce, and
other Federal departments and agencies that carry out such strategies,
programs, and policies; and

(C)

make
recommendations to the President and Congress with respect to such strategies,
programs, and policies.

(3)

Membership

(A)

Voting
members

The Commission shall be composed of 16 voting members.
The Governors of the States of Arizona, California, New Mexico, and Texas shall
each appoint four such members, of whom—

(i)

one
shall be a local elected official from each such State’s border region;

(ii)

one
shall be an individual from academia or a community leader of each such State;
and

(iii)

two shall be
from each such State’s border region business community.

(B)

Nonvoting
members

The Commission shall be composed of two nonvoting
members, of whom—

(i)

one
shall be appointed by the Secretary of Homeland Security; and

(ii)

one
shall be appointed by the Secretary of Commerce.

(4)

Qualifications

(A)

In
general

Members of the Commission shall be—

(i)

individuals with
expertise in migration, border enforcement and protection, civil and human
rights, community relations, cross-border trade and commerce, or other
pertinent qualifications or experience; and

(ii)

representative of
a broad cross section of perspectives from the region along the international
border between the United States and Mexico.

(B)

Political
affiliation

Not more than two members of the Commission appointed
by each Governor in accordance with paragraph (3)(A) may be members of the same
political party.

(C)

Nongovernmental
appointees

An individual appointed as a voting member to the
Commission may not be an officer or employee of the Federal Government.

(5)

Deadline for
appointment

All members of the Commission shall be appointed not
later than six months after the date of the enactment of this Act. If any
member of the Commission described in paragraph (3)(A) is not appointed by such
date, the Commission shall carry out its duties under this section without
participation of such member.

(6)

Term of
service

The term of office for members shall be for the life of
the Commission.

(7)

Vacancies

Any
vacancy in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.

(8)

Meetings

(A)

Initial
meeting

The Commission shall meet and begin the operations of the
Commission as soon as practical.

(B)

Subsequent
meetings

After its initial meeting, the Commission shall meet
upon the call of the chairman or a majority of its members.

(C)

Outreach

The
Commission shall formulate and implement an effective outreach strategy to
border communities along the United States-Mexico border.

(9)

Quorum

Nine
members of the Commission shall constitute a quorum.

(10)

Chair and vice
chair

The voting members of the Commission shall elect a Chairman
and Vice Chairman from among its voting members. The term of office shall be
for the life of the Commission.

(11)

Structure

The
Commission shall have a Federal, regional, and local review structure, and
shall be divided into two subcommittees, one such subcommittee focused on
border technology, equipment, and infrastructure, and one such subcommittee
focused on cross-border trade policies and programs.

the effect of
operations, technology, and infrastructure along such border on the—

(A)

environment;

(B)

cross-border
traffic and commerce;

(C)

privacy rights and
other civil liberties; and

(D)

the quality of
life of border communities;

(2)

the extent of the
negative economic impact, if any, on the United States due to staffing needs at
land ports of entry along the such border;

(3)

whether border
policies and practices ensure that the free flow of legitimate travel and
commerce is not diminished by efforts, activities, and programs aimed at
securing the international land ports of entry along the United States-Mexico
border; and

The Commission or, on the authority of the Commission,
any subcommittee or member thereof, may, for the purpose of carrying out this
Act—

(i)

hold
such hearings and sit and act at such times and places, take such testimony,
receive such evidence, administer such oaths; and

(ii)

subject to
subparagraph (B), require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents as the Commission or such
designated subcommittee or designated member may determine advisable.

(B)

Subpoenas

(i)

Issuance

A
subpoena may be issued under this subsection only—

(I)

by the agreement
of the chairman and the vice chairman; or

(II)

by the
affirmative vote of six members of the Commission.

(ii)

Signature

Subject
to clause (i), subpoenas issued under this subsection may be issued under the
signature of the chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the chairman or by a
member designated by a majority of the Commission.

(iii)

Enforcement

In
the case of contumacy or failure to obey a subpoena issued under this
paragraph, the United States district court for the judicial district in which
the subpoenaed person resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring such person to appear at
any designated place to testify or to produce documentary or other evidence.
Any failure to obey the order of such court may be punished by such court as a
contempt of such court.

(2)

Contracting

The
Commission may, to such extent and in such amounts as are provided in
appropriation Acts, enter into contracts to enable the Commission to discharge
its duties under this Act.

(3)

Information from
Federal agencies

(A)

In
general

The Commission is authorized to secure directly from any
executive department, bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of carrying out this Act. Each such
department, bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and statistics directly to
the Commission, upon request made by the chairman, the chairman of any
subcommittee created by a majority of the Commission, or any member designated
by a majority of the Commission.

(B)

Receipt,
handling, storage, and dissemination

Information, suggestions,
estimates, and statistics referred to in subparagraph (A) shall only be
received, handled, stored, and disseminated by members of the Commission and
its staff in accordance with all applicable statutes, regulations, and
Executive orders.

(4)

Assistance from
Federal agencies

(A)

General Services
Administration

The Administrator of General Services shall
provide to the Commission on a reimbursable basis administrative support and
other services for the performance of the Commission’s functions.

(B)

Other
departments and agencies

In addition to the assistance prescribed
in subparagraph (A), the heads of Federal departments and agencies may provide
to the Commission such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be authorized by
law.

(5)

Postal
services

The Commission may use the United States mails in the
same manner and under the same conditions as Federal departments and agencies
of the United States.

(d)

Compensation

(1)

In
general

Members of the Commission shall serve without pay.

(2)

Reimbursement of
expenses

All members of the Commission shall be reimbursed for
reasonable travel expenses and subsistence, and other reasonable and necessary
expenses incurred by such members in the performance of their duties.

(e)

Training

The
Commission shall establish a process and criteria by which Commission members
receive orientation and training on cross-border trade policies, strategies,
and programs with respect to Mexico.

(f)

Report

Not
later than two years after the date of the first meeting called pursuant to
subsection (a)(8)(A), the Commission shall submit to the President, the
Secretary of Homeland Security, the Secretary of Commerce, and Congress a
report that contains—

a
recommendation as to whether the Commission should continue to exist after the
date of termination described in subsection (i), and if so, a description of
the purposes and duties recommended to be carried out by the Commission after
such date.

(g)

Response to
report

Not later than 180 days after the receipt of the report
required under subsection (f), the Secretary of Homeland Security and the
Secretary of Commerce shall jointly issue a response describing how the
Department of Homeland Security and the Department of Commerce will implement
the recommendations contained in such report.

(h)

Authorization of
appropriations

There are authorized to be appropriated such sums
as may be necessaryto carry out this section.

(i)

Sunset

Unless
the Commission is re-authorized by Congress, the Commission shall terminate on
the date that is 60 days after the date the Commission submits the report
described in subsection (f).

4.

Port security and
trade facilitation grants

(a)

Grant
program

The Secretary of Commerce, in consultation with the
Secretary of Homeland Security, shall establish a program under which grants
may be provided to develop and expand trusted shipper programs for small- and
medium-sized businesses for the purpose of facilitating border commerce.

(b)

Applications and
conditions

In carrying out the grant program described in
subsection (a), the Secretary of Commerce—

(1)

shall establish a
notification and application procedure; and

(2)

may establish such
conditions, and require such assurances, as may be appropriate to ensure the
efficiency and integrity of the grant program.

(c)

Sunset

The
grant program described in subsection (a) shall terminate on the date that is
five years after the date of the enactment of this Act.

(d)

Limitation

The
sum for all fiscal years of the amounts awarded as grants under this section
may not exceed $10,000,000.

5.

Improving ports
of entry on the southwest border for border security and other
purposes

(a)

In
general

There are authorized to be appropriated to the
Administrator of the General Services Administration—

(1)

$200,000,000 for fiscal 2014solely for
planning, management, design, alteration, and construction of United States
Customs and Border Protection owned land border ports of entry along the
international border between the United States and Mexico; and

(2)

$100,000,000 for fiscal year 2014solely
for the installation of renewable energy retrofits at land border ports of
entry along the international border between the United States and
Mexico.

(b)

Allocation of
authorized funds

Of the amounts authorized to be appropriated
pursuant to subsection (a)(1)—

(1)

not more than 40
percent may be set aside for the San Luis I land port of entry; and

(2)

not more than 60
percent may be set aside for the Douglas land port of entry.

6.

Improving waste
water treatment infrastructure

There are authorized to be appropriated to
the International Boundary and Water Commission $50,000,000 for fiscal 2014solely for planning, management, design, alteration, and construction of the
International Outfall Interceptor (IOI) and the Nogales Wash Channel.

7.

Improving
cross-border transportation

(a)

In
general

There are authorized to be appropriated to the Federal
Highway Administration$100,000,000 for fiscal 2014 for—

(1)

improvements to
existing transportation and supporting infrastructure along the United
States-Mexico border;

(2)

construction of
highways and related safety and enforcement facilities related to international
trade with Mexico; and

(3)

international
coordination of transportation planning, programming, and border operations
with Mexico.

(b)

Allocation of
authorized funds

Of amounts authorized to be appropriated
pursuant to subsection (a), not more than 30 percent may be set aside for
projects 50 miles from the United States-Mexico border.

8.

Increase in
number of Customs and Border Protection officers on the southwest border of the
United States

(a)

Customs and
Border Protection officers

During fiscal year 2014, the Secretary
of Homeland Security shall increase by not fewer than 500 the total number of
full-time, active-duty Customs and Border Protection officers within United
States Customs and Border Protection for posting at United States ports of
entry along the southern border above the number of such officers for which
funds were made available during fiscal year 2013.

(b)

Agriculture
specialists

During fiscal year 2014, the Secretary of Homeland
Security shall increase by not fewer than 30 the number of full-time Customs
and Border Protection agriculture specialists for United States ports of entry
along the southern border above the number of such agriculture specialists for
which funds were made available during fiscal year 2013.

(c)

Border security
support personnel

During fiscal year 2014, the Secretary of
Homeland Security shall increase by not fewer than 10 the number of full-time
border security support personnel for United States ports of entry along the
southern border above the number of such support personnel for which funds were
made available during fiscal year 2013.

(d)

Priority

In
making personnel additions described in subsections (a), (b), and (c), the
Commissioner of Customs and Border Protection shall give priority to the Tucson
Sector.

9.

Southwest border
strategy for security and prosperity

(a)

Requirement for
strategy

The Secretary of Homeland Security, in consultation with
the heads of other appropriate Federal departments and agencies, shall develop
and annually update a Southwest Border Strategy for Security and Prosperity
that describes actions to be carried out to facilitate trade and maintain
operational control over all land ports of entry into the United States along
the southern border.

(b)

Content

The
Southwest Border Strategy for Security and Prosperity described in subsection
(a) shall include the following:

(1)

An assessment of
staffing needs for all land ports of entry into the United States along the
southern border.

(2)

An assessment of
infrastructure needs for all land ports of entry into the United States along
the southern border.

(3)

An assessment of
the traffic patterns of commercial and passenger vehicles entering and exiting
the United States at land ports of entry along the southern border.

(4)

An assessment of
the negative economic impact, if any, on the United States due to wait times at
land ports of entry along the southern border.

(5)

A
description of ways to ensure that the free flow of legitimate travel and
commerce is not diminished by efforts, activities, or programs aimed at
securing the international land ports of entry along the United States-Mexico
border.

(6)

A
schedule for the implementation of the security measures described in such
Strategy, including realistic deadlines for addressing staffing and
infrastructure needs identified in paragraphs (1) and (2), an estimate of the
resources needed to carry out such measures, and a description of how such
resources should be allocated.

(c)

Consultation

In
developing the Southwest Border Strategy for Security and Prosperity under this
section, the Secretary of Homeland Security shall also consult with
representatives of—

(1)

State, local, and
tribal authorities from Arizona, California, New Mexico, and Texas; and

(2)

appropriate
private sector entities, nongovernmental organizations, and affected
communities that have expertise in areas related to border management and
international trade across southern ports of entry.

(d)

Submission to
Congress

(1)

Strategy

Not
later than one year after the date of the enactment of this Act and annually
thereafter, the Secretary of Homeland Security shall submit to Congress the
Southwest Border Strategy for Security and Prosperity.

(2)

Updates

In
addition to the timeline for submissions of the Southwest Border Strategy for
Security and Prosperity described in paragraph (1), the Secretary of Homeland
Security shall submit to Congress any change of such Strategy that the
Secretary determines is necessary, not later than 30 days after such
determination.

10.

Border
technology and innovation

There are authorized to be appropriated to
the Department of Homeland Security $200,000,000 for fiscal year 2014 solely
for integrated fixed towers, remote video cameras, hand-held devices, mobile
systems, and other technologies in Arizona.

11.

Border small
business revitalization grants

(a)

Grant
program

The Administrator of the Small Business Administration
shall establish a program under which grants may be provided to develop and
revitalize small businesses located along the United States-Mexico
border.

(b)

Applications and
conditions

In conducting the grant program described in
subsection (a), the Administrator—

(1)

shall establish a
notification and application procedure; and

(2)

may establish such
conditions, and require such assurances, as may be appropriate to ensure the
efficiency and integrity of such grant program.

(c)

Sunset

The
grant program described in subsection (a) shall terminate on the date that is
five years after the date of the enactment of this Act.

(d)

Limitation

(1)

In
general

The sum for all fiscal years of the amounts awarded as
grants under this section may not exceed $100,000,000.

(2)

Requirement

To
be eligible for a grant under this section, a small business shall be located
within 10 miles of the United States-Mexico border.

12.

Federal contracting
requirements

(a)

In
general

(1)

Local
subcontractor

Except as provided in paragraphs (2) and (3), the
head of an Executive agency may not award a contract unless 30 percent of the
labor for the performance of the contract (or any subcontract (at any tier)
under the contract) is performed by a local subcontractor.

(2)

State
subcontractor

Notwithstanding
paragraph (1) and except as provided in paragraph (3), if the head of an
Executive agency determines that the requirement of paragraph (1) is not
practicable, such head may award a contract if 30 percent of the labor for the
performance of the contract (or any subcontract (at any tier) under the
contract) is performed by a State subcontractor.

(3)

Waiver of
requirement

Notwithstanding
paragraphs (1) and (2), if the head of an Executive agency determines that the
requirements of paragraphs (1) and (2) are not practicable, such head may award
a contract without meeting such requirements.

(b)

Definitions

In this section:

(1)

Executive
agency

The term
Executive agency has the meaning given that term in section 133 of
title 41, United States Code.

(2)

Local
subcontractor

The term local subcontractor means,
with respect to a contract, a subcontractor who has a principal place of
business or regularly conducts operations in the area in which work is to be
performed under the contract by the subcontractor.

(3)

State

The term State means each of
the several States, the District of Columbia, each territory or possession of
the United States, and each federally recognized Indian tribe.

(4)

State
subcontractor

The term
State subcontractor means, with respect to a contract, a
subcontractor who has a principal place of business or regularly conducts
operations in the State in which work is to be performed under the contract by
the subcontractor.

(c)

Applicability

The
requirements under this section shall apply to agreements entered into on or
after the date of the enactment of this Act.